Selectmen’s Meeting Minutes

April 29, 2002

 

 

The Board of Selectmen met this evening with Clerk Jeffrey Tufts presiding.  Also in attendance were Carla Goodwin, Leo Harlow, Gerard Marsan and Town Administrator Kevin Paicos.  Patricia Webster was not in attendance.

 

Tufts welcomed Marsan to the Board and stated that Webster was not in attendance this evening due to a family emergency.

 

MINUTES

It was noted that the General Minutes dated 4/1/02 would be tabled until the next meeting, awaiting Webster’s minor revisions.

On Harlow’s motion, seconded by Goodwin, the Board voted 3-0-1 to approve General Minutes dated 4/8/02.   Marsan abstained.

On Goodwin’s motion, seconded by Harlow, the Board voted 3-0-1 to approve Executive Session Minutes dated 4/8/02.  Marsan abstained.

 

REORGANIZATION OF THE BOARD

Harlow motioned to postpone the reorganization of the Board until the 5/6 meeting out of courtesy for Webster, as she was not present and felt that her vote should be heard.  There was no second to the motion.  Tufts expressed concern that we need to move forward with the reorganization to schedule meetings and set priorities.

Marsan motioned to nominate Tufts as Chair of the Board.  Goodwin seconded the motion.

Harlow motioned to nominate Webster as Chair of the Board.  Tufts seconded the motion for discussion purposes.

On Goodwin’s motion, seconded by Marsan, the Board voted 3-0-1 to close nominations.

Harlow abstained.

The Board voted 3-1 by roll-call to appoint Tufts as Chair.

Marsan Tufts, Harlow Webster, Tufts Tufts, Goodwin Tufts.

Tufts accepted the nomination as Chair.

Tufts motioned to nominate Goodwin as Clerk.  Marsan seconded the motion.

Harlow motioned to nominate Webster as Clerk.  There was no second to the motion.

On Marsan’s motion, seconded by Goodwin, the Board voted 3-0-1 to close nominations.

Harlow abstained.

The Board voted 3-1 by roll-call to appoint Goodwin as Clerk of the Board.

Harlow Webster, Tufts Goodwin, Goodwin Goodwin, Marsan Goodwin.

 

CERTIFICATE OF APPRECIATION

This item was Webster’s request and it will be tabled until the next meeting.

 

PROCLAMATION RE: CEREMONIAL DINNER– WILLIAM RICHARDSON

The proclamation was read by Tufts.  He noted that Richardson has been doing a great job on behalf of the Lions Club. 

 

ACCEPTANCE OF LIONS CLUB GIFT

On Harlow’s motion, seconded by Marsan, the Board voted unanimously to accept the $400 gift and to allow a gift account.  The Board expressed thanks to the Lions Club for their donation.

 

YARD SALE REQUEST – ST. MARKS CHURCH

On Goodwin’s motion, seconded by Marsan, the Board voted unanimously to approve the yard sale request and to waive the fee.

 

ONE-DAY ENTERTAINMENT/ALCOHOL LICENSES IRISH FESTIVAL

Jim Mulligan was present, representing the Irish Festival.  He announced that this is the Festivals’ 12th year and there have been no serious incidents to date.  He noted that he works very well with all departments for coordination.

Harlow noted that the Water Department had some concern with protecting the well area.  Mulligan noted that the area in question was roped off last year and he will work with the DPW again this year.  Goodwin commended Mulligan for the excellent job to date. 

On Harlow’s motion, seconded by Goodwin, the Board voted unanimously to approve the one-day alcohol and entertainment licenses for the event, as indicated on their application.  Tufts clarified the entertainment and alcohol hours.

 

PUBLIC PARTICIPATION

Jeff Morse, Chair of the Personnel Review Committee submitted six copies of the committee recommendation for the Board and Administrator.

 

EASTON COUNTRY ESTATES REFINANCE REQUEST

Assistant Town Administrator Martha White explained the process of refinancing an affordable unit.  She noted that the amount to be financed cannot exceed 49.9% of the sale price of the home. 

On Goodwin’s motion, seconded by Harlow, the Board voted unanimously to approve a request, dated April 4, 2002, from the owner of a Local Initiative Program unit in Easton Country Estates to refinance his home, with the stipulations that the land be at a fixed rate and that the principal amount of the loan not exceed $140,000.  Marsan questioned the process and protocol of who signs first, local or state.  White explained that the Town approves first, and then it goes to the state agency.

 

LANDFILL AUDIT/WEEKLY REPORT

Paicos noted that the Board has the weekly report.  Goodwin questioned the status of the RFP.  Paicos noted that counsel is reviewing it and it will be discussed at the next meeting along with the Permanent Landfill Committee’s recommendation.  Goodwin expressed the importance of reviewing the RFP carefully so that we have no problems in the future.

 

FINANCE COMMITTEE REQUEST TO POSTPONE ANNUAL TOWN MEETING

Bob Hicks present.  He stated that the committee voted to send the letter to the Board requesting the postponement.  Hicks explained the budgets that have already been reviewed and which ones were left.  He suggested that the Fincom could meet the deadline for the 5/20 meeting if they continue to meet each week.  Tufts and Goodwin felt strongly that we maintain the 5/20 meeting date.  Tufts suggested that the Board focus on the changes in the budget, and not review line by line.

The consensus of the Board was to take no action on the request at this time.

 

GIFT OF CONSERVATION LAND

The Conservation Commission has asked that this item be tabled.

 

HISTORICAL COMMISSION RESIGNATION – BARRY DUNKLEY

On Harlow’s motion, seconded by Goodwin, the Board voted unanimously to accept the resignation and send a certificate of appreciation.

 

HISTORICAL COMMISSION APPLICANT – CATHERINE ADLER

On Goodwin’s motion, seconded by Marsan, the Board voted unanimously by roll-call to appoint Adler to Dunkley’s unexpired term on the Historical Commission.

Goodwin- Adler, Marsan- Adler, Harlow -Adler, Tufts -Adler.

 

BOARD OF REGISTRARS RESIGNATION – ALBERT FLEURY

On Harlow’s motion, seconded by Goodwin, the Board voted unanimously to accept Fleury’s resignation.

 

BOARD OF REGISTRARS NOMINATION – KENT KEITH

On Goodwin’s motion, seconded by Marsan, the Board voted unanimously by roll-call to accept the nomination of Keith to the Board of Registrars, filling Fleury’s unexpired term.

Goodwin- Keith, Marsan- Keith, Harlow- Keith, Tufts- Keith

 

The Board recessed at 7:25 and reconvened at 7:30.

 

HEARING RE: CABLE TRANSFER OF OWNERSHIP/DISCUSSION RE: COMPETITIVE CABLE FRANCHISING

Attorney William August, John McMorrow Cable Advisory Chair and Lou Russo, AT&T Broadband Manager of Governmental Affairs present.

Paicos left the room at this point of the meeting.

August gave a brief explanation of the cable merger from AT&T to AT&T Comcast.  He explained that in this type of industry, there is a large turnover and the purpose of this hearing is to learn more about the new company.   There are four areas of criteria to consider:  Management, Technical, Legal and Financial Qualifications. Russo explained that she has been serving Easton since 1987 beginning with Continental Cable, then Media One and now AT&T Broadband.  She gave a detailed presentation to the Board (see attached). She noted that the merger should take place by the end of this year.

McMorrow spoke on behalf of the Cable TV Advisory Committee and spoke of past complaints, which he acknowledged that AT&T Comcast cannot be held accountable for, specifically dealing with customer service issues and the choice of stations.  McMorrow noted that when customer service has been poor, he was able to work through the issues through Russo.  She was very helpful in that way.   Tufts questioned the compliance aspect of the current license, specifically if the I-loop issues were complete and noted some complaints consisted of the lack of an adequate amount of digital boxes along with the amount of time needed to schedule work.   He also questioned if the new company will rectify the staffing issue.  Russo referred to last year’s billing conversion.  She acknowledged that customer service was poor at that time and has since improved.  AT&T Broadband is now in complete compliance with respect to customer service.  Customer issues are taken very seriously.  Goodwin questioned gross revenues, specifically the amount of money that the school now gets.  Russo explained the process.  August explained that the franchise itself is subject to applicable law.  Contracts can be superseded by legislative law.  Russo explained that the cable customers have paid this fee all along.  McMorrow recalled when this was negotiated.  August stated that we could use this process to get a feel for how the new company will deal with these issues.  Russo stated that they are currently in full compliance and if there are any outstanding issues in Easton, she will work with us.  Marsan asked McMorrow if there were any outstanding issues with compliance and studio equipment.   McMorrow felt that all compliance issues had been met with the exception of studio equipment.  Marsan questioned how Russo felt the new company would deal with issues.  Russo noted that they have been around for a long time and felt that they would be very qualified to deal with the issues which will arise. 

August referred to a letter regarding the Town of Westwood.  There was much discussion by the Board.   Russo reiterated that any issues needing to be resolved, she can help with that. She noted that a license review can be done at any time during the year.  She noted that this is a separate issue than what should be discussed tonight as a transfer.  Tufts expressed two concerns.  He asked again if the I-Loop is complete and stressed the importance for emergency broadcasting.  McMorrow felt that this issue was complete. Tufts also asked about delayed service.  He asked for a commitment to improve the service aspect and to provide additional assets for equipment.  McMorrow noted that the I-Loop is still coaxial and not fiberoptic.  August referred back and noted that originally we chose the $100,000 instead of the eye-net for data because we did not have the equipment to run it.  It was never intended to be data networking.  Goodwin asked if Russo could predict any new technology.  Russo referred to the recent digital tv, phone service, and possibly high definition tv and home security systems although she has no way to predict any of this.   Goodwin also stressed the importance of a good customer service support network.  Russo acknowledged some of the problems people had during the transition from Media One to AT&T.  She noted that things are much better now.

Mr. Rizzo, Lothrop Street asked if Russo predicted that e-mail would ever become a monthly cost.  Russo has no knowledge of this at all and therefore cannot predict.  August asked if she was aware of operational changes in the Taunton or other area offices.  Russo knows of no changes at this point and felt it was premature to predict.   In closing, August noted that the town has 120 days from the day that the Town was served notice (March 1st) to make a decision. 

On Goodwin’s motion, seconded by Harlow, the Board voted unanimously to take this matter under advisement and charge the Cable Advisory Committee to determine if there are any outstanding issues that need to be addressed and report back to the Board for a follow-up discussion by mid-June.

 

The Board took a brief recess at 8:35 and reconvened at 8:40.

Paicos returned at this point of the meeting.  

 

PUBLIC PARTICIPATION

Peter Twiraga – 204 Elm Street

He spoke about the last two elections and feels disappointed by the low turnout of voters at the polls.  He acknowledged that the Board has in the past done things like holding elections on Saturdays.  Tufts suggests that we check with the Town Clerk to see what is allowed under the law with regards to publication and notification. 

Town Moderator Dick Dailey stated that Saturday elections are a problem for the Jewish community as it is their Sabbath. He commended Twiraga for his efforts and encouraged people like himself to get together in town groups and we would be happy to hear their thoughts on improving voter turnout.

Harlow stated that all people should take the time to vote.  It appears that less people are voting even for the presidential elections.

 

ATM WARRANT REVIEW (see attached draft dated 4/29/02)

Article #26 – new article. 

On Goodwin’s motion, seconded by Marsan, the Board voted unanimously to include the article.

On Goodwin’s motion, seconded by Marsan, the Board voted unanimously to approve article #26, upon activation, as amended.

Discussion re: Board of Health “On Site Septic” revolving account article.

A memo was noted from the Board of Health asking that this article be put back on the warrant.  Paicos explained that if this article is put on and approved, $80,000 would be taken out the general government account as this money has already been accounted for. 

There was much discussion between the Board and the Administrator. 

Goodwin expressed concern that this problem has been ongoing for 1 ½ years in the Board of Health.  Paicos explained that if this is approved, all departments with revolving accounts could ask for the same thing.  Cuts are taking place within all departments.  He explained that this proposal is different than what the Planning Board has proposed.    Tufts feels that we owe it to the Board of Health, as they are also an elected Board to place it on the warrants and Town Meeting can decide what happens from there.  Tufts reiterated that no more tension is needed between elected Boards.

On Harlow’s motion, seconded by Goodwin, the Board voted unanimously to include the Board of Health article in the warrant.

 

Article #1  

On Harlow’s motion, seconded by Goodwin, the Board voted unanimously to recommend Article 1.

Article #2

On Harlow’s motion, seconded by Goodwin, the Board voted unanimously to recommend Article 2.

Article #3

On Harlow’s motion, seconded by Goodwin, the Board voted unanimously to recommend Article 3.

Article #4

On Goodwin’s motion, seconded by Harlow, the Board voted unanimously to recommend Article 4.

Article #7

On Harlow’s motion, seconded by Tufts, the Board voted unanimously to dismiss Article 7.

Article #8

On Harlow’s motion, seconded by Goodwin, the Board voted unanimously to dismiss Article 8.

Article #9

On Harlow’s motion, seconded by Marsan, the Board voted unanimously to recommend Article 9.

Article #10

On Harlow’s motion, seconded by Tufts, the Board voted unanimously to dismiss Article 10.

Article #11

On Harlow’s motion, seconded by Marsan, the Board voted unanimously to recommend Article 11.

Article #12

On Harlow’s motion, seconded by Goodwin, the Board voted unanimously to recommend Article 12.

Article #14

On Harlow’s motion, seconded by Goodwin, the Board voted unanimously to recommend Article 14.

 Article #15

On Harlow’s motion, seconded by Goodwin, the Board voted unanimously to recommend Article 15.

Article #17

On Harlow’s motion, seconded by Goodwin, the Board voted 3-1 to recommend Article 17.  Marsan opposed.

Article #19

On Harlow’s motion, seconded by Goodwin, the Board voted unanimously to recommend Article #19.

Article #20

On Harlow’s motion, seconded by Goodwin, the Board voted unanimously to recommend Article 20.

Article #21

On Harlow’s motion, seconded by Goodwin, the Board voted unanimously to recommend Article 21.

Article #27

On Harlow’s motion, seconded by Marsan, the Board voted unanimously to recommend Article 27.

 

FY’03 BUDGET DISCUSSION

The consensus of the Board was to review beginning next week so Webster could participate.  Tufts expressed the need to expedite the process and suggested not to review line by line but to review the budgets with changes.

 

TOWN ADMINSTRATOR NOTES

Paicos has new information regarding the House Budget.  They could cut another $230,000,000 in Ch.70 money and if this happens, we could lose up to ¼ in education aid or a $2,000,000 loss. Paicos will keep the Board posted.  He feels there may be a cut, but not that significant as stated above.

Paicos updated the Board on a policy seniority issue from last year. The Town was upheld in its decision and Paicos was pleased the position was vindicated.

The Habitat for Humanity will have a wall raising ceremony on June 1st at 11am.  All Selectmen are encouraged to attend and more information will follow.

 

PRESS NOTES

Erica Finchen of the Easton Journal asked for clarification of Articles 12 and 27 of the draft warrant.

She also asked when the Fire Chief’s position would be advertised.  The Board indicated that this would be discussed next week.

 

SELECTMEN’S NOTES

Goodwin will attend the Mass Selectmen’s Association meeting on May 1st.   Ch. 70 and Ch. 90 funds will be discussed.  She will keep the Board posted.  Also, she noted that she will be representing the Board at an upcoming Mass Selectmen’s Association Meeting in conjunction with Vision 2020 and SERSG.

Goodwin asked on behalf of school proponents what the Selectmen’s thoughts are on the school cuts.  It was noted that we have joined with Wareham in their efforts.  The perception was that money is going toward the town and not the school side.

 

Harlow expressed disappointment with Board members for reorganizing although Webster was not present.  He also found it disturbing that Tufts chaired the meeting in the Chairman’s seat, before the vote was taken to appoint him as Chair.  Harlow implied that this does not look good in the public’s eye.

Tufts noted that although he is sorry that Webster is not here this evening to participate, he acknowledged that a decision needed to made tonight regarding this reorganization to move forward. He noted that as Clerk of the Board, he is also the Vice Chair.  He suggested that it makes more sense to run the meeting from the middle of the room, than off on the side where it is difficult seeing all the members.  He noted that this type of issue shouldn’t even be discussed in this manner.

 

Marsan noted that the Board is here to do the business of the voters of the Town and we need to move forward.  Marsan was also sorry that Webster could not participate this evening but reiterated that important work needs to be done and this is what the Board should be doing.

 

Tufts noted that the DARE Graduation will take place on Thursday, May 2nd at 7pm at the HHR/FL Olmsted School.  All Selectmen are invited to attend.  Tufts noted that he will be preparing a summer schedule and asked all Board members to submit their vacation schedules as soon as possible.  He also asked each member for a list of important issues they would like to see discussed.

 

On Goodwin’s motion, seconded by Marsan, the Board voted unanimously by roll-call to go into Executive Session for the purpose of Litigation and Real Property, not to return to Open Session.  (9:40pm)

Marsan-yes, Harlow- yes, Tufts- yes, Goodwin- yes.

 

 

 

 

 

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                                                                                                                APPROVED

 

 

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                                                                                                                DATE